12.08.030 Prohibitions and exceptions.

(A) Unlawful Acts. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.08.020 of this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 12.08.040(B) and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter.

(B) Exceptions. Notwithstanding the provisions of this chapter, in order to provide emergency service temporary overhead facilities may be installed and maintained for a period not to exceed ninety days. Any person installing such temporary overhead facilities shall, as soon as practicable, notify the director of public works of any such temporary overhead facility to be relocated and so maintained as he may deem necessary to prevent unnecessary interference with vehicular traffic or undue hazard to the public safety.

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works;

(2) Poles, or electroliers used exclusively for street lighting;

(3) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

(4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;

(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;

(6) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(7) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction project.